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Sunday, January 08, 2006
Legal office: Sack case v. power firms
By Jay Dooma Balnig
THE City Government represented by the City Legal Office wants the case of lawyer Romeo Gerochi against Panay Power Corporation (PPC) and Panay Electric Company (Peco) dismissed.
In a Motion to Dismiss filed by the Chief City Legal Officer, lawyer Edgardo Gil, the City Legal Office (CLO) claimed that Gerochi has no legal capacity to sue and has no cause for action when the City of Iloilo was also named as one of the defendants in Civil Case No. 05-28758 filed by Gerochi.
"It's clear that the City Government does not work for the interest of the people as regards the issue on the power shutdown of PPC," Gerochi said.
During Friday's hearing, Gil was seen sitting with the defendants--lawyers Hanz Sayno of Peco and Arthur Autea of PPC while on the other bench were Gerochi and lawyer Edeljulio Romero, the plaintiffs.
In his manifestation, Gil claimed that Gerochi has no legal capacity to sue because the case at bar is not considered as a class suit for the reason that every resident in Iloilo City could allege and prove their respective rights in a different way over their need and interest for electric power so that they cannot all be held to have identical interest or on the same ground as that of the plaintiff.
He added, "In joining the City of Iloilo as defendant, plaintiff merely banks on the argument that the city, under the administration of Mayor Jerry P. Treñas, is an unwilling co-plaintiff by reason of its failure, refusal or neglect to take any legal steps to avert the impending power block-out."
But Gerochi claimed that he based his move with the Rules of Court on Rule 10 on the Unwilling Plaintiff and 12 Class Suit.
Counter suit
On the other hand, Peco, through counsel, Sayno filed their answer to the injunction case of Gerochi through a counter claim.
Peco wants Gerochi and Romero to pay P250,000 for what they claim as damages done to them on the said issue.
Gerochi said that it was not them who caused the said issue but it was the PPC itself who came out in public and claimed that they are going to shutdown their operations on December 15, 2005.
The said move was done after the PPC executive went to the media for interviews. Treñas even called the attention of various village heads and police to prepare for a possible citywide blockout due to the power failure of PPC.
The case, which is now pending before Judge Guiljie Delfin-Lim, is submitted and the court order may came out anytime on the issue of Motion to Dismiss filed by the PPC and the injunction itself.
(January 7, 2006 issue)
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